Geary

This is an appeal from a judgment for damages sustained as the result of an automobile casualty.

In the following opinion Edith I. Miller will be referred to as the respondent and Paula Geary as the appellant.

On the night of August 30, 1928, the respondent was riding as a passenger for pleasure with appellant in her Oldsmobile coach from Cloverdale to Hopland along the Redwood highway. The paved portion of the highway is sixteen feet in width with a two-foot gravel shoulder on either side. They were traveling on the outer side of the roadway at a rate of speed of about twenty miles an hour. They were ascending a grade and approaching a left curve in the road. Before reaching this turn of the road, there was an unobstructed view of the roadway ahead of them for a distance of three or four hundred feet. The ladies were engaged in conversation. It was dark. The headlights were turned on. As they approached this curve in the road another automobile suddenly came around the turn toward ■ them. It was traveling downgrade upon the proper side of the highway. The respondent testified in this regard: The car was approaching “on the side it belonged on. . . . Q. Well it was over ... to…